Former deputy sues Wake County sheriff for claim of 'retaliation'

WAKE COUNTY, N.C. (WTVD) -- A former Wake County deputy sued Sheriff Gerald Baker in federal court, claiming he lost his job out of retaliation.

In the lawsuit filed Monday, Richard Johnson said he was fired from his job as Chief of Operations because he demoted "a close personal friend and ally" of Sheriff Baker's in 2017 because that lieutenant made homophobic and racist comments during a training session.

According to the lawsuit, Johnson had worked for the Wake County Sheriff's Office since 1976 and was promoted to Chief of Operations in 2007 under the previous sheriff, Donnie Harrison. However, when Baker challenged Harrison and won the election for office of Sheriff of Wake County in 2018, he did not swear-in Johnson as a deputy under him, effectively firing him.

The lawsuit said the demoted lieutenant, Teddy Patrick, was running a training session for a few dozen deputies in 2017 when he made several derogatory comments, including that he "did not believe in being gay," and that he felt uneasy when Muslim men boarded airplanes. Two deputies told Johnson they felt uncomfortable about the comments made.

After an internal investigation, according to the suit, Johnson and then-Sheriff Harrison decided to demote Patrick to the position of senior investigator, resulting in a loss of pay and a loss of his supervisory duties.

The lawsuit went on to detail the friendship between Baker and Patrick and said when Baker was elected sheriff, he recruited Patrick to join his transition team. When Baker took office in December 2018, he promoted Patrick to captain and then to major, effectively making him second-in-command at the sheriff's office.

According to the lawsuit, another member of Baker's transition team told Harrison that he should not have demoted Patrick.

The lawsuit said Johnson is asking for damages including back pay with interest and lost benefits and damages for emotional pain and mental anguish.

Baker's office responded to the lawsuit with a written statement Wednesday afternoon:

"The Sheriff's Office has not had a chance to review the complaint filed by the plaintiff. However, Sheriff Baker's position has been, and continues to be, that these matters should be handled in the court system where all the facts are brought forth, and are not litigated or sensationalized in the media."